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1. Upon receiving a claim for change in exchange from this court, the defendant shall pay to the plaintiff 65,303 out of the bonds listed in attached Table 1.
Reasons
1. Facts of recognition;
A. On March 31, 2017, the Plaintiff’s Intervenor and C limited liability company (“C”) concluded a credit guarantee agreement with the Plaintiff’s Intervenor and C limited liability company.
(C) The credit guarantee agreement was concluded between Korea and C as of March 30, 2018 (hereinafter “instant credit guarantee agreement”) and the credit guarantee agreement between Korea and C as of March 30, 2018 (hereinafter “instant credit guarantee agreement”).
2) The Defendant A (hereinafter “A”) of the first instance trial, the representative director C, jointly and severally guaranteed the obligation owed by C to the Plaintiff Intervenor pursuant to the instant credit guarantee agreement.
(3) On March 22, 2018, the Plaintiff’s Intervenor entered into a contract to extend the term of guarantee of the credit guarantee agreement with C on March 29, 2019 and reduce the amount to KRW 382,500,000,000. (b) The occurrence of a guarantee accident 1) C did not pay the amount of loans to D Bank from December 3, 2018, and on March 15, 2019, the Plaintiff’s Intervenor paid KRW 387,093,387 in total the principal and interest of the loans to D Bank on behalf of D Bank on behalf of C on December 15, 2019.
2) The sum of the obligations that A and A owes to the Plaintiff’s Intervenor pursuant to the instant credit guarantee agreement and joint and several guarantee agreement is KRW 389,462,177 (i.e., subrogated payment of KRW 387,093,387, the subrogated payment of legal procedure expenses, etc.). (C) A and the Defendant borrowed KRW 100 million from the Defendant on November 22, 2018, and on November 23, 2018, A and the Defendant concluded a collateral security agreement with regard to real estate listed in the separate sheet (hereinafter “instant real estate”) with respect to the obligor, the mortgagee, the Defendant, and the maximum debt amount of KRW 20 million (hereinafter “mortgage-mortgage agreement”). On the same day, the Seoul Northern Northern District Court received on November 23, 2018 from the Defendant.
2. At the time of entering into the instant mortgage contract, A shall be actively the property of the instant case.